Terms of Service Agreement

for

WVVA.net Dialup

WVVA.NET ("COMPANY") agrees to furnish services to the customer ("SUBSCRIBER"), subject to the following TOS (Terms of Service).

Use of COMPANY Service constitutes acceptance and agreement to COMPANY's AUP as well as Company's TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of COMPANY and AUP (Acceptable Use Policy) The AUP may be changed from time to time at the discretion of the COMPANY without direct notification to the SUBSCRIBER. COMPANY will make the TOS and AUP available via it's public web site and will mail a printed copy to the SUBSCRIBER upon written request. SUBSCRIBER understands that changes to the AUP by the COMPANY shall not be grounds for early contract termination or nonpayment.

This Agreement shall be construed in all respects in accordance with the laws of the Commonwealth of Virginia, county of Giles applicable to contracts enforceable in that state. Venue will be Giles County, Virginia.

1. Disclosure to law enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, SUBSCRIBER agrees that the COMPANY may disclose any and all SUBSCRIBER account information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the SUBSCRIBER.
2. Controversial Content: SUBSCRIBER's connection to the Internet is private and as a result COMPANY cannot control the nature of the material that SUBSCRIBER may encounter at some point. The World Wide Web, Usenet, and chat areas, such as IRC, are electronic virtual communities, which do not censor the content delivered and/or communicated through their forums. With the use of Subscriber's account on the Internet, SUBSCRIBER will have access to and will at some time or another be exposed to "Free Speech" that may be found offensive. "Free Speech" may include sexually explicit pictures and/or documents, pro-religious and anti-religious debate, racially offensive speech, and may other possibly graphic and/or offensive documents, pictures, etc. COMPANY expressly disclaims liability for any harm resulting from encountering such or similar material.
3. SPAM (as defined in our AUP) is strictly prohibited. COMPANY has a ZERO TOLERANCE policy toward SPAM. First violations of this policy will result in an "Investigation Fee" of $50 and Subscriber's account will be reviewed for possible immediate termination. A second violation will result in an "Investigation Fee" up to $500 and immediate termination of Subscriber's account. To avoid trouble with Subscriber's account, DO NOT SPAM from the account. This includes email, Usenet and access account types. If SUBSCRIBER even suspects that a piece of email that is about sent could be viewed as SPAM ask a COMPANY representative first. Such action will not absolve SUBSCRIBER of responsibility but may prevent problems for SUBSCRIBER by being advised not to send the email.
4. Service Rates: SUBSCRIBER acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to SUBSCRIBER. SUBSCRIBER is aware that the COMPANY may change the specified rates and charges from time to time. SUBSCRIBER understands that they may cancel their account if the rate changes are found to be unfavorable and there is no addendum to this agreement for special services such as but not limited to dedicated T1 circuits.
5. Payment Due Date: Initial payments for services are due within 10 days of the effective activation date. Recurring payments are due on the 1st of the month in which the service is billed. All services are billed around the 10th of the preceding month of the period for which the service is given. Accounts are considered past due on the first day for which the service is billed.
6. Payment and Fees: Checks returned for any reason are subject to a $25.00 returned item charge per occurrence.   Credit cards that are declined for any reason are subject to a $1.00 declination fee per occurrence. Service will be interrupted on accounts that are past due on the first day of the month of service. Services which remain interrupted for nonpayment longer than 1 month are subject to a reconnect charge equal to the greater of $10 or the activation fee of the service at the time. Accounts not paid within 10 days after the due date are subject to a $5.00 late fee.
   
   Accounts that are not collectable by COMPANY may be turned over to an outside collection agency for collection. If the account is turned over for collection, SUBSCRIBER agrees to pay COMPANY a "Collection" Fee of not less than $50 nor more than $150. If SUBSCRIBER desires to cancel the account, they must follow the proper procedures to do this as outlined in section 10 of the TOS. Failure to pay a charge on the account will not deem the account canceled. If SUBSCRIBER disputes a charge to their credit card issuer that, in Company's sole discretion is valid under the provisions of the TOS and /or AUP, SUBSCRIBER agrees to pay COMPANY an "Administrative Fee" of not less than $50 and not more than $150 in addition to the charge made to the credit card initially. If SUBSCRIBER supplies COMPANY with credit card information either through the sign-up form or verbally over the phone SUBSCRIBER agrees to let COMPANY continue to charge the credit card until such time that the account is canceled. as outlined in section 10 of the TOS.
7. Refunds and Disputes: All payments to COMPANY are nonrefundable. This includes the one time activation fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. Early cancellation of a service which has been prepaid for any term will not receive a refund. ALL PAYMENTS TO COMPANY ARE NONREFUNDABLE.
8. Failure to Pay: The COMPANY may temporarily deny service or terminate this Agreement upon the failure of SUBSCRIBER to pay charges when due. Such termination or denial will not relieve SUBSCRIBER of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
9. Account Cancellation: All requests for canceling accounts must be made in writing and sent to
   
   WVVA.NET
   Attn.: Billing Dept.
   PO Box 135
   Rich Creek, VA  24147
   or via fax at 540-726-9522, or by email at sales@wvva.net.
   
   SUBSCRIBER must have all account information to cancel. For further instructions SUBSCRIBER may call 540-726-2317 and ask for details on canceling an account. Cancellations will be made on the date the cancellation is received, any fees for services rendered prior to the date of cancellation will still be due and payable.
10. New Domain Accounts: All new web hosting accounts involving newly registered domains will be set up and entered into COMPANY DNS servers within 3 to 5 business days after they have been confirmed to be correct with the registrar. Due to unforeseen complications, however, this process may sometimes require additional days and will not be completed until verification has been completed. If the new domain is registered by the account holder, through Company's web site it may reduce the number of days needed to setup the domain name in our DNS servers. If the domain is registered through a third party or by a method other than Company's web site the account holder may be responsible for making changes to the domain records held by the registrar.
11. Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to COMPANY will require 3 to 5 business days to be entered into Company's DNS servers once they have been confirmed to be correct with the registrar. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. Transfers of domains should be initiated by COMPANY and have COMPANY listed as the technical contact to avoid possible delays.
12. Telephone Charges: COMPANY is not responsible for tolls acquired from long distance dialing or line usage. SUBSCRIBER is responsible for calling the local phone company to determine if the access number used to access Company's network is a local call.
13. Support Boundaries and Definitions: COMPANY, provides basic Internet technical support to subscribers during regular business hours Monday through Friday and on Saturdays. COMPANY limits technical support to their area of expertise. Not all personnel have the same areas or levels of expertise, SUBSCRIBER may be referred to another member of the support team who is not currently available in which case that team member will contact SUBSCRIBER at the team member's earliest availability.
    
    The following are Company's guidelines when providing support: SUBSCRIBER must have a Windows 9x, ME, NT, 2000,XP operating system. The modem must be compatible with the operating system. The computer must be able to operate efficiently enough to connect to the Internet Help will be provided on the necessary settings for the modem, router and software being used to get connected to the Internet COMPANY will not be able to help configure the modem. Help resolving hardware and/or software conflicts on the computer will NOT be provided. Connection support is provided for the following operating systems: Windows 9x or higher, and ME. Limited support is also available for Windows NT workstation and server and 2000,2003. If a server version of NT or win 2000, 2003 is being used, adequate access privileges must be available to the user. When calling for support SUBSCRIBER must have: the Operating System installation disks, CD or restore files; The make, model, and manufacturer of the modem or router.
    
    All setups are treated as individual connections and technical support will not be supplied for network connections. If SUBSCRIBER needs such support additional onsite consulting services are available for a fee, ask a COMPANY support team member for details. Support is for Internet access and programs related to the Internet such FTP, Web Surfing and Email. Telephone support will not be provided for extraneous services like networking, applications, file and printer sharing or other such services. Support for problems not included in the Internet services may be obtained through Company's onsite consulting services. Ask a COMPANY support team member for details.
14. Breach of Provision: A waiver by the COMPANY of any breach of any provision of this Agreement by SUBSCRIBER shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
15. SUBSCRIBER acknowledges that the services provided by COMPANY is of such a nature that service can be interrupted for many reasons other than the negligence of the COMPANY and that damages resulting from any interruption of service are difficult to ascertain. Therefore, SUBSCRIBER agrees that the COMPANY shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the COMPANY. SUBSCRIBER further acknowledges that the Company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by SUBSCRIBER for services during the period damages occurred. In no event shall the COMPANY be liable for any special or consequential damages, loss or injury. The COMPANY, at it's sole discretion may decide whether or not credit is due for any loss of service. All credits issued for service interruptions and/or customer referrals will be issued as store credits and in no way be included in any refund for any reason.
16. SUBSCRIBER shall not transfer or assign this Agreement without the prior written consent of the COMPANY. COMPANY may assign Agreement at anytime without consent from or notice to SUBSCRIBER.
17. COMPANY reserves the right to cancel Subscriber's rights under this contract at anytime without further obligation.